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HomeMy WebLinkAboutG18-98 Ordinance No. G18-98 AN ORDINANCE AMENDING CHAPTER 16 . 28 ENTITLED FIRE PREVENTION CODE OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED WHEREAS, the City of Elgin may adopt by reference any published compilation of rules and regulations prepared by a nationally recognized technical trade or service association pursuant to the provisions of Article 1 , Division 3 of the Illinois Municipal Code ( 65 ILCS 5/1-3-1 et seq. ) ; and WHEREAS, the BOCA National Fire Prevention Code, Tenth Edition, 1996 establishes minimum regulations governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises; and WHEREAS, the City Council of the City of Elgin has determined it is necessary and desirable to adopt the BOCA National Fire Prevention Code, Tenth Edition, 1996 as published by the Building Officials & Code Administrators International, Inc . , with the additions, insertions, deletions and changes prescribed in this ordinance; and WHEREAS, one copy of the BOCA National Fire Prevention Code, Tenth Edition, 1996 has been on file with the City Clerk for more than thirty days preceding the passage of this ordinance, in accordance with Section 1-3-2 of the Illinois Municipal Code ( 65 ILCS 5/1-3-2 ) . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 16 . 28 , Section 16 .28 . 010 of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended to read as follows : 16 . 28 . 010 ADOPTED-EXCEPTIONS. That a certain document, one ( 1 ) copy of which is on file in the office of the City Clerk of the City of Elgin, being marked and designated as the BOCA National Fire Prevention Code, Tenth Edition, 1996 as published by the Building Officials and Code Administrators International, Inc . , be and is hereby adopted as and shall be known as the Fire Prevention Code of the City of Elgin for establishing minimum regulations governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances , materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises; and each and all of the regulations, 0,,, provisions, penalties, conditions and terms of said Fire Prevention Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes prescribed in this chapter. Section 2 . That Chapter 16 . 28 , Section 16 . 28 . 020 , entitled Fire Prevention Bureau, shall be amended to read as follows : A. The Fire Prevention Code shall be enforced by the Fire Prevention Bureau of the City of Elgin Fire Department, sometime referred to in this chapter as the fire department, which is established and which shall be operated under the supervision of the chief of the fire department. B. The fire marshal in charge of the Fire Prevention Bureau shall be appointed by the city manager upon the recommendation of the chief of the fire department on the basis of his or her qualifications . C. The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager the employment of technical inspectors . D. A report of the Fire Prevention Bureau shall be made annually and transmitted to the chief executive officer of the municipality. It shall contain all proceedings under this code with such statistics as the chief of the fire department may wish to include therein. The chief of the fire department shall also recommend any amendments to the code which, in his judgement, shall be desirable. Section 3 . That Chapter 16 . 28, entitled Fire Prevention Code of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by amending Section 16 . 28 . 030 to read as follows : 16 . 28 . 030 ADDITIONS, INSERTIONS AND CHANGES . The BOCA National Fire Prevention Code, Tenth Edition, 1996 is amended and revised in the following respects : Section F-101 . 1 , entitled Title, shall be amended to read as follows : These regulations shall be known as the Fire Prevention Code of the City of Elgin, hereinafter referred to as this code. -2- ,. Section F-104 . 2 , entitled Modifications, shall be amended to read as follows : The fire marshal of the fire prevention bureau shall have the right to vary or modify the provisions of this chapter upon written application by the owner or lessee, or the duly authorized agent of the owner or lessee, when there are practical difficulties involved in complying with the provisions of this chapter, provided that the spirit and intent of the law is observed, and public health, safety and welfare are ensured. Any such variance or modification of this chapter approved by the fire marshal of the fire prevention bureau shall be entered into the records of the department and a signed copy of such decision shall be furnished the applicant. Sections F-105 . 2 , F-105 . 3, F-105 . 4 , F-105 . 5, F-105 . 6 , F-105 . 7 and F-105 . 8, entitled Enforcement Authority, shall be deleted in their entirety. Section F-107 . 2 . 3 and Table F-107 . 2 . 3, entitled Permits, shall deleted in their entirety. Section F-112 . 3, entitled Penalty for Violation, shall be amended to read as follows : e" Any person who shall violate any of the provisions of this chapter or fail to comply with any order issued pursuant to any section of this chapter shall be guilty of an offense, and upon conviction thereof shall be punished by a fine of not less than fifty dollars ( $50 . 00 ) nor more than five hundred dollars ( $500 . 00) . Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section F-113 . 1, entitled Means of Appeal, Application for Appeal, shall be amended to read as follows : Any person shall have the right to appeal a decision of the fire marshal of the fire prevention bureau to the city manager. The applicant shall file a written appeal from the decision of the fire marshal of the fire prevention bureau to the city manager within thirty days from the date of the decision being appealed. Sections F-113 . 2 , F-113 . 2 . 1, F-113 . 2 . 2 , F-113 . 2 . 3, F-113 . 2 . 4 , F-113 .2 . 5, F-113 . 2 . 6 , F-113 . 3, F-113 . 4 , F-113 . 4 . 1, F-113 . 5, F-113 . 6 , F-113 . 6 . 1, F-113 . 6 . 2 and F-113 . 7 , entitled Means of Appeal, shall be deleted in their entirety. Section F-311 . 1, entitled Fire Lanes, Designation, shall be amended to read as follows : -3- Public and private fire lanes deemed necessary for low the efficient and effective operation of fire apparatus shall be designated by the fire chief of the fire department who shall immediately upon making such determination give written notice to the property owner of such determination. Section F-403 . 1, entitled Open Burning, General , shall be amended to read as follows : A person shall not cause or allow open burning unless approved in accordance with Sections 9 . 28 . 130 and 9 .28 . 135 of this code and in accordance with this chapter. Section F-519 . 2 ( 1) , entitled Portable Fire Extinguishers, Where Required, shall be amended to read as follows : In all occupancies in Use Groups A-1, A-2 , A-3, A-4, B, E, I-2 , M, R-1 and H. Section F-3001 . 10, entitled Explosives, Ammunition and Blasting Agents, Scope, with the exception of the subparagraph entitled Exceptions and subparagraphs one through six, inclusive, shall be amended to read as follows : ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS PROHIBITED. The equipment, processes and operations involved in the manufacture, possession, sale, storage, handling or disposition of explosive and blasting materials is prohibited within the corporate limits of the city. The equipment and operations involving the transportation, maintenance and use of explosive and blasting materials shall comply with the requirements of Chapter 23 of the Fire Prevention Code and with the provisions of this chapter and NFPA 495 and DOTn 49 CFR listed in Chapter 44 of the Fire Prevention Code. Sections F-3001 . 2 ( 1 ) , F-3001 . 2 (4 ) and F-3001 . 2 ( 5) , entitled Explosives, Ammunition and Blasting Agents, Approval Required, shall deleted in their entirety. Section F-3005 . 1, entitled Explosives, Ammunition and Blasting Agents , Vehicle Routing, shall be amended to read as follows : ESTABLISHMENT OF MOTOR VEHICLE ROUTES FOR VEHICLES TRANSPORTING EXPLOSIVES AND BLASTING AGENTS . Vehicles transporting explosive materials shall utilize the following routes within the city: A. Illinois Route 25, north and south; -4- B. Randall Road, north and south; tek C . Illinois Tollway (U.S . Interstate 90) , east and west; D. U. S . Route 20 By-Pass, east and west. ESTABLISHMENT OF MOTOR VEHICLE ROUTES FOR VEHICLES TRANSPORTING HAZARDOUS CHEMICALS OR OTHER DANGEROUS ARTICLES . Vehicles transporting hazardous chemicals and other dangerous articles shall utilize the following routes within the city: A. Illinois Route 25, north and south; B. Randall Road, north and south; C. Illinois Tollway (U.S. Interstate 90) , east and west; D. U. S . Route 20 By-Pass, east and west. Exception: Necessary deliveries not otherwise prohibited by law to establishments or locations within the corporate limits of the city which can be accessed by utilizing the routes designated in this section. The Section of Table F-3201 . 4 regulating Outside Storage shall be deleted in its entirety. Section F-3207 . 1, entitled Above-Ground Storage Tanks, General, shall be amended to read as follows : The storage of flammable or combustible liquids in outside aboveground tanks is prohibited within the corporate limits of the city, except for those facilities approved and existing at the effective date of the ordinance codified in this chapter. The temporary storage of flammable or combustible liquids in above-ground storage tanks at construction sites and the storage of flammable or combustible liquids in above-ground storage tanks shall be permitted in accordance with the provisions of this chapter. TEMPORARY USE OF ABOVE-GROUND FLAMMABLE LIQUID STORAGE TANKS AT CONSTRUCTION SITES . A. The use of temporary aboveground storage tanks for flammable liquids as described herein shall be limited to construction sites of a size not less than four unit multiple-dwelling facilities or industrial -5- structures . A permit for installation of such tanks shall be obtained from the city. Such installation to be made no sooner than seven calendar days prior to the actual commencement of construction. B. Storage shall be limited to three hundred gallons or less . C. Containers shall be stored outside buildings and shall be of single compartment design constructed throughout of fourteen gauge metal or heavier and made vapor tight by welding of equivalent construction. 1 . A fill opening shall be provided and shall be equipped with a closure designed so that it may be locked. 2 . A vent shall be approved to relieve such vacuum or pressure as will develop in normal operation or from exposure to fire, such vent shall have a free opening of one and one-half inches in diameter. 3 . Containers shall be kept outside and at least fifty feet from any building or combustible storage and shall be so located or such additional distance to building shall be provided as will insure that no vehicle, equipment or vessel being filled directly from such container shall be closer than fifty feet to any building. D. Containers as above may be of either of the following types : 1 . Containers with Top Openings Only. Containers constructed and located as provided above may be designed with all openings in the top of the tank and in such event shall be mounted and equipped as follows : Containers shall be mounted on timbers or blocks approximately six inches in height so as to protect the bottom of the container from corrosion from contact with the ground, and when so placed to be in a stable position. Containers shall be quipped with a tightly and permanently attached approved pumping device, having an approved hose of sufficient length for filling vehicles or equipment to be served from the container. Either the pump or the hose shall be equipped with a padlock to its hanger to prevent tampering. An effective anti-siphoning device shall be included in the pump discharge. Siphons or internal pressure discharge devices are prohibited. 2 . Container Elevated for Gravity Discharge. Containers constructed and located as above may be -6- designed with an opening in the bottom or the end of the tank for gravity dispensing of flammable liquids and shall be mounted and equipped as follows : Supports to elevate the tank for gravity discharge shall be of noncombustible materials and of adequate strength and design to provide stability. Bottom opening for gravity discharge shall be equipped with an internal safety valve, which will close automatically in the event of fire through the operation of an effective heat releasing device and which likewise may be quickly operated manually. The gravity discharge outlet shall be provided with an approved hose equipped with a self-closing valve at the discharge end, of a type that can be padlocked to its hanger to prevent tampering. E. Marking of Containers . Containers for the storage of flammable liquids shall be conspicuously marked with the name of the product which they contain and "FLAMMABLE-KEEP FIRE AND FLAME AWAY" . Containers shall bear the additional marking "KEEP 50 FEET FROM BUILDINGS" . Clearance of fifty feet from buildings shall apply to all combustible structures . Temporary containers for the storage of flammable liquids shall be drained and removed from premises within thirty days of the termination of use of the equipment for which required, and in all cases at the completion of construction. Section F-3207 . 1, entitled Regulations for the Storage of Flammable or Combustible Liquids in Exterior Above-Ground Storage Tanks, General, shall be amended to read as follows : A. The storage of flammable or combustible liquids in outside aboveground storage tanks shall be permitted as set forth in this section. All aboveground storage tanks used for the storage of flammable or combustible liquids shall be fire protected tanks and shall otherwise conform to the regulations of this section. A permit for the installation of such aboveground storage tanks shall be obtained from the city. B. "Aboveground storage tank" shall mean any one or a combination of storage tanks, including connected piping, that is used to contain an accumulation of regulated substances, and the volume of which, including the volume of the piping connected thereto, is 90 percent or more above the surface of the ground, as measured by volume, including but not limited to a field erected tank, a rebuilt tank, a shop fabricated tank or a storage tank situated in an underground area including a basement or cellar if the storage tank is situated on or above the surface of the floor. -7- „. C . "Fire protected tank” shall mean an inner tank that is surrounded by a barrier that provides not less than a two hour pool fire resistive rating, that is impact resistant, that has integral or external secondary containment, that contains a liquid of flammable or combustible classification by the NFPA and where an exterior surface including connecting piping and the surface beneath the tank is monitored, and that is constructed and installed in accordance with requirements of this chapter and with approval of the fire chief . D. All above-ground storage tanks shall be provided with physical barriers in the area where the tanks are located in compliance with Section 3207 . 5 . 1 of this chapter. E . Each above-ground storage tank and each special enclosure shall be surrounded by a clear accessible space no less than three ( 3) feet in width to allow for maintenance and inspection. F. Above-ground storage tanks shall be limited to two (2 ) such tanks at any location constituting a single zoning lot within the meaning of this code. Any above-ground storage tanks containing any flammable or combustible liquid as described by NFPA shall not exceed e* 2 , 500 gallons individual or 5,000 gallons aggregate capacity at any location described as a single zoning lot within the meaning of this code. G. No liquid shall be stored in an above-ground storage tank having a flash point less than that of gasoline. H. Above-ground storage tanks shall be provided with automatic fuel shut off devices capable of stopping the delivery of fuel into the storage tank at 90 percent of tank capacity. I . Flammable or combustible liquids shall be transferred from aboveground storage tanks by means of fixed pumps so designed and equipped so as to allow control of the flow and prevent leakage or accidental discharge. Dispensing devices are permitted to be installed on top of special enclosures . J. Above ground storage tank and tank openings for inspection and piping and vent connection shall be through the top only. Approved anti-siphon devices shall be installed at each connection of piping to a tank when such tank piping extends below level of the top of such tank. K. Each above-ground storage tank and each special enclosure shall be separated from any building, lot line -8- and public way by not less than a 20 foot distance unless otherwise approved by the fire chief . L. Above-ground storage tanks shall not be located in any manner constituting a threat to life or property. The location of above-ground storage tanks shall also comply with such additional and further regulations as may be provided in the city' s zoning ordinance and other requirements provided by law. Above-ground storage tanks may be located on any city property regardless of the zoning district in which the city property is located. M. Above-ground storage tanks shall not be utilized by the general public nor shall any liquid contained in an above-ground storage tank be transferred into any type vessel or device to be used or controlled by the general public . N. Plans for above-ground storage tanks shall be submitted to the fire chief for approval . Such plans shall include a site plan showing the exact location with relation to lot lines, utilities and buildings . Details in said plans shall include all pipe systems, pumping and transfer systems, tank specifications and site protection including all safety equipment and signage. tow O. In the event of any conflict with the regulations as provided for in this chapter and any other state or federal regulations , the more restrictive regulations shall apply and be enforced. Section F-3207 . 3, entitled Above-Ground Storage Tanks, Maximum Outside Fuel Storage Above Ground, shall be deleted in its entirety. Section F-3207 . 5 . 1, entitled Above-Ground Storage Tanks, Barrier Protection, shall be amended to read as follows : Physical barriers complying with Section F-3205 . 4 of this chapter shall be provided to protect the area where tanks, except those installed in special enclosures which afford equivalent protection, are located. Section F-3207 . 5 . 3, entitled Above-Ground Storage Tanks, Capacity Limits , shall be deleted in its entirety. Section F-3601 . 2, entitled Liquefied Petroleum Gases , Approval Required, shall be amended to read as follows : Approval shall be required for each installation of liquefied petroleum gas utilizing storage containers exceeding 30 gallons ( 115L) individual water capacity, and O"" where the combined container quantity exceeds 60 gallons (230L) regardless of individual container size . The Fire -9- Prevention Bureau shall be notified twenty-four (24 ) hours in advance of any installation or abandonment of approved systems . Section F-3601 . 2 . 3, entitled Liquefied Petroleum Gases, Temporary Installations, shall be created to read as follows : Temporary Installations : All temporary liquefied petroleum gas installations shall be approved by the code official and must comply with NFPA Pamphlet 58, listed in Chapter 44 of this chapter, regarding temporary installations . Section F-3601 . 2 . 2 , entitled Liquefied Petroleum Gases, Plans for Fixed or Permanent Installations, shall be created to read as follows : Plans shall be submitted to the Office of the Illinois State Fire Marshal and the Fire Prevention Bureau before construction when utilizing storage containers of over 2, 000 gallon individual water capacity or when the aggregate water capacity exceeds 4 , 000 gallon, and of container filling plants regardless of tank capacity. Section F-3603 . 2 , entitled Liquefied Petroleum Gases, Terminals, Plants, Refineries and Tank Farms, shall be amended e"'. to read as follows : Terminals bulk plants and refineries, and tank farms are prohibited within the corporate limits of the city with the exception those approved and existing installations at the effective date of the ordinance codified in this chapter. Section F-3604 . 1, entitled Tank Container Systems, Above Ground, shall be amended to read as follows : A. Above-ground tank container systems connected for use in any quantity shall be: 1 . Permitted solely within GI General Industrial Zoning Districts, as defined within this code, and shall be located in accordance with Sections F-3604 . 1 . 1 through F-3604 . 1 . 3, inclusive, and Table F-3604 . 1 of this chapter. Above-ground tank container systems connected for use in any quantity may be erected on any city property regardless of the zoning district in which the city property is located. 2 . Limited to 4 , 000 gallon aggregate water capacity. -10- 3 . Located not closer than 500 feet to the nearest residential or assembly zoned lot . B. Liquefied petroleum gas tank installations in excess of 4 , 000 gallon aggregate water capacity shall be installed underground in GI General Industrial Districts . Section F-3605 . 1, entitled Container Storage, Location, shall be deleted in its entirety. Section F-3605 .2, entitled Container Storage, Multiple Containers, shall be deleted in its entirety. Section 4 . That Chapter 16 . 28, Section 16 . 28 . 040, entitled New Materials, Processes or Occupancies Which May Require Permits, shall be created to read as follows : The city manager, the chief of the fire department, and the fire marshal of the fire prevention bureau shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in this chapter. The findings and decision of any such committee meeting shall be prepared by the fire marshal of the fire prevention bureau and such written findings and OFjb' shall be posted in a conspicuous place in the office of the fire marshal of the fire prevention bureau and the city clerk. Copies of such findings and decision shall be distributed to any interested person. Section 5 . That Chapter 16 . 28, Section 16 . 28 . 150, entitled Conflicts With Other Provisions, shall be created to read as follows : When a provision of this chapter conflicts with any other provision of the Elgin Municipal Code regulating the same subject matter, the more stringent or restrictive provision shall apply. Section 6 . That Chapter 16 . 28 entitled Fire Prevention Code of the Elgin Municipal Code, 1976 , as amended, Sections 16 . 28 . 050 through 16 . 28 . 140, inclusive, be and are hereby repealed. Section 7 . That nothing in this ordinance or in the Fire Prevention Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. -11- • Section 8 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Kevin Kelly, May Presented: March 11, 1998 Passed: March 11 , 1998 Omnibus Vote: Yeas 7 Nays 0 Recorded: March 12 , 1998 Published: Attest : * . Dolonna Me um, City Clerk -12-